Picture this: one moment of bad luck, a misunderstanding, or an error in identity leads to an arrest. Even without a conviction, or after completing a sentence long ago, the mark remains. Job prospects fade, housing opportunities vanish, and professional licenses feel out of reach. But in North Carolina, expungement laws provide hope for a chance to wipe the slate clean and open doors that seemed forever closed.
The expungement process in North Carolina is both detailed and empowering. Governed by specific statutes, it is designed to clear eligible criminal records, allowing individuals to move forward without the heavy burden of a past mistake. But how does it work, and who qualifies? Let’s take a closer look.
What Is expungement?
Expungement, also called expunction, is more than just a legal process. It’s also a second chance. It is defined under 14B N.C.A.C. 18A.0102 as the “removal of criminal history record information” from state and federal databases pursuant to state statute. When a record is expunged, it’s erased from public view, as if the incident never occurred. Background checks conducted by employers, landlords, or licensing boards will no longer reveal the expunged offense, providing individuals with a fresh start. However, expungement does not undo the past; rather, it ensures the future is no longer tethered to it.
The roadmap of North Carolina’s expungement laws
North Carolina’s expungement process is governed by a network of statutes, each tailored to specific scenarios. Here are some of the major pathways:
- Cases of dismissal or not guilty
Under N.C. Gen. Stat. § 15A-146, if charges were dismissed or you were found not guilty, you may petition for expungement under this statute. This includes not only court records but also DNA records collected during the investigation. The process begins with filing a petition in the county where the case was heard, using a form approved by the Administrative Office of the Courts. From there, relevant state and local agencies are notified to erase their records.
- Mistaken identity or identity theft
Imagine being arrested because someone else used your name or identity. Under N.C. Gen. Stat. § 15A-147, individuals who were wrongly accused due to mistaken identity or identity theft can petition for expungement. Notably, it provides safeguards, such as immunity from perjury charges if the expunged record is not disclosed.
- First-time offenders under 18
For first-time offenders who committed misdemeanors or certain nonviolent felonies before 18 years old, N.C. Gen. Stat. § 15A-145 offers a path to expungement. It ensures youthful mistakes do not define a lifetime.
- Expungement after pardon of innocence
If an individual is granted a pardon of innocence or has their conviction overturned, N.C. Gen. Stat. § 15A-148 statute allows for the expungement of associated DNA records.
- Broad eligibility for non-violent crimes
Unlike other statutes, N.C. Gen. Stat. § 15A-145.5 allows individuals of any age to petition for the expungement of certain nonviolent misdemeanors and felonies. It comes with specific filing fees and a clear process for notifying agencies to update their records.
The ripple effects of expungement
Employers, landlords, and professional licensing boards often require background checks, and even a dismissed charge can raise red flags. For example:
- Careers in law and finance: Expungement is particularly critical for those pursuing professional licensure. Under 21 N.C.A.C. 8F.0502, for instance, applicants for CPA certification must disclose criminal offenses unless they’ve been expunged. Additionally, 27 N.C.A.C. 1B.0119 ensures that expunged convictions no longer impact disciplinary actions for attorneys.
- Law enforcement careers: Agencies are required to confirm expungement under 12 N.C.A.C. 9B.0102 before hiring certified officers.
How to petition for expungement
While the statutes provide clear eligibility guidelines, the process itself can be complex:
- Determine eligibility: Review the relevant statute to confirm whether your record qualifies. Factors like the type of charge, outcome, and age at the time of offense play a role.
- File a petition: Submit a formal petition to the clerk of superior court in the county where the case was handled. Most statutes require a specific form approved by the Administrative Office of the Courts.
- Notification and review: The clerk will notify state and local agencies, as well as the North Carolina State Bureau of Investigation, which conducts a background check to confirm eligibility.
- Judicial review: A judge will review the petition, taking into account the circumstances and any objections from agencies or victims.
Moving past your record
For many, the expungement process is a step toward freedom. It’s a chance to answer “No” on a job application when asked about a criminal record. The opportunity to secure housing without fear of rejection. And above all, the ability to embrace a future unshackled by the mistakes of the past.
Whether you’re seeking expungement for yourself or helping someone navigate the process, understanding the laws and steps involved is crucial. North Carolina’s expungement statutes reflect a belief in redemption—a belief that everyone deserves a fresh start.
Want to explore your eligibility for expungement? Contact Jetton & Meredith today to start the process toward clearing your record and reclaiming your future.